In a significant leap towards gender equality and progressive legal discourse, Chief Justice of India, DY Chandrachud, has underscored the pivotal role of language in shaping judicial thought. He aptly pointed out that outdated and erroneous perceptions of women embedded in legal language can impede the transformative mission of Indian law and its commitment to ensuring equal rights, regardless of gender. This sentiment finds resonance in the recently introduced ‘Handbook On Combating Gender Stereotypes‘ by the Supreme Court, which is sparking a transformative shift across the nation’s legal landscape.
The handbook, spanning 30 pages, is an exhaustive guide that meticulously dissects and highlights various gender-based stereotypes, phrases, and words that have historically infiltrated legal documents, orders, judgments, and pleadings. Its overarching objective is to empower judges and lawyers with the tools needed to reject the perpetuation of damaging stereotypes, thereby aligning legal language with the progressive ethos of the Indian Constitution.
For instance, the handbook strongly emphasizes the need to eschew derogatory terms like “prostitute,” “hooker,” “whore,” “mistress,” and “slut.” These 40 terms are pinpointed as propagators of gender-based stereotypes that undermine the foundation of justice and equality. Instead, the handbook proposes alternative language choices that promote respectful and unbiased dialogue.
Some screenshots of select pages are here – @newsworthywithab
The heart of the handbook delves into exploring the mechanics behind gender-based stereotypes and their profound influence on judicial decision-making. Through insightful tables, the handbook segregates “Language Promoting Stereotypes” and contrasts it with the preferred “Alternative Language.” Additionally, it effectively debunks misconceptions surrounding women’s attributes, common gender role stereotypes, and misinterpretations concerning sex and sexual violence.
Chief Justice Chandrachud elaborates on the handbook’s three-pronged strategy to counter these stereotypes. Firstly, it aids judges in recognizing and substituting language that propagates gender stereotypes. Secondly, it draws attention to recurring patterns of reasoning that stem from these stereotypes, mainly when applied to women. Lastly, it highlights seminal Supreme Court rulings that vehemently reject and condemn these stereotypes, thereby paving the way for a more inclusive and equitable legal framework.
Significantly, the handbook also features precedent-setting Supreme Court decisions that commendably discarded gender-based stereotypes. One striking instance involves cases where women were labeled ‘concubines’ or ‘keeps’ in judgments relating to domestic violence and Section 498A of the Indian Penal Code. These instances underscore the urgent need to revamp legal language to reflect evolving societal norms and values.
Chief Justice Chandrachud reveals that the handbook will soon be accessible on the Supreme Court’s official website. Furthermore, he envisions a comprehensive support system, including user manuals and FAQs on e-filing and instructive video tutorials. This multi-faceted approach aims to facilitate a seamless transition towards more inclusive and non-discriminatory language usage within legal circles.
The inception of this groundbreaking handbook can be traced back to Chief Justice Chandrachud’s earlier statements during a public event in March. He unveiled the upcoming project, shedding light on specific instances where derogatory terms had crept into legal judgments. The formulation of the handbook was spearheaded by a committee led by Calcutta High Court judge Moushumi Bhattacharya. The committee consisted of esteemed figures such as Delhi High Court Judge Justice Prathiba M. Singh, former judges Prabha Sridevan and Gita Mittal, and Jhuma Sen, an accomplished advocate in the Calcutta High Court and Supreme Court, who also serves as an adjunct faculty member at the West Bengal National University of Juridical Sciences.
In conclusion, the Supreme Court’s ‘Handbook On Combating Gender Stereotypes’ stands as a resounding call to action in pursuing a more equitable and just legal framework. This handbook emerges as a beacon of hope, dismantling deeply ingrained stereotypes and infusing legal language with sensitivity and respect. It guides the Indian judiciary towards a future where justice transcends gender, embodying a substantial stride towards realizing the transformative ideals enshrined in the Indian Constitution. This heralds an era of gender-inclusive legal discourse that aligns seamlessly with the spirit of our times.
The photo used is downloaded from SSC Online.
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